State v. Guidry

Citations: 953 So. 2d 943; 2007 La. App. LEXIS 330; 2007 WL 602349Docket: No. 41,694-KA

Court: Louisiana Court of Appeal; February 27, 2007; Louisiana; State Appellate Court

SummaryOriginalCytator Case TreatmentBackward CitatorAnalysis

EnglishEspañolSimplified EnglishEspañol Fácil

Wayne J. Guidry, Jr. was found guilty of the second degree murder of Stephanie Pepper Sims by a jury in the Second Judicial District Court, Parish of Claiborne, and was sentenced to life imprisonment without benefits. Stephanie, an assistant professor at Louisiana Tech University, disappeared on January 5, 2003, and her body was discovered on February 13, 2003, with a gunshot wound to the chest. Guidry and Stephanie began a romantic affair shortly after meeting at a bar in November 2002, leading to her separation from her husband, David Sims. Despite initial affection, their relationship deteriorated, marked by frequent arguments and Stephanie expressing a desire for space. On the day of her disappearance, Stephanie communicated plans to attend church with David and mentioned a surprise from Guidry. After church, they went shopping, with their activities corroborated by surveillance footage. A check Stephanie wrote was later found in her car, further linking her final movements to the timeline of her disappearance.

David acknowledged the possibility of divorce with Stephanie and attempted to adapt to the situation. At approximately 11:15 a.m., they were seen outside in Stephanie's car, after which she left for West Monroe around 11:30 a.m., marking the last time David saw her alive. He remained at his home in Ruston for the rest of the day. Throughout the afternoon and evening, a neighbor confirmed that David's truck was parked under his carport. 

Concerned about Stephanie's absence, her friend Barbara called her multiple times that Sunday but received no response. On January 6, 2003, Howard Pepper called the university to check on Stephanie before traveling to her apartment with Barbara. An apartment maintenance worker let them in around 10:30 to 11:00 a.m., where they found her apartment orderly but without her purse or cell phone. Stephanie's computer was on, and upon disconnecting the internet, the phone began to ring. Barbara answered, speaking with Guidry, who last saw Stephanie the previous night and had spoken with her around 6:30 a.m. He suggested that her car might not start and mentioned a spare key hidden near the gas cap.

Upon examining Stephanie's car in the parking lot, the Peppers noted that the driver’s seat was adjusted back and the engine was warm, indicating recent use. The car was also unusually muddy, and using the hidden key, they were able to start it immediately. They reported Stephanie missing to the police after confirming with David that he had not heard from her. 

David learned of Stephanie’s affair and Guidry's involvement that day. Later, Guidry expressed concern for Stephanie's well-being, claiming she had attempted suicide in the past. This claim raised alarms for Howard Pepper, who questioned the reliability of Guidry's account regarding the electrical issues in the apartment.

The investigation commenced as a missing person case involving Stephanie, whose apartment exhibited no forced entry or signs of a crime. Detectives found it physically impossible for a hair dryer to reach the bathtub while plugged in and noted that the bathroom's circuit breaker prevented the apartment's lights from going out when overloaded. Stephanie's protection firearm, a Lorcin .25 caliber pistol, was missing, but two boxes of .25 caliber ammunition were found in her bedroom closet. All details from David's accounts regarding his last moments with Stephanie were corroborated by witnesses and physical evidence.

Detectives sought to interview Wayne Guidry, the last person to see Stephanie, who voluntarily waived his Miranda rights. During the January 7 interview, Guidry claimed he returned to assist in the search for Stephanie, detailing their relationship and her intentions to leave her husband. He stated Stephanie provided financial support, including a $3,000 check and use of her credit card for golf-related purchases totaling approximately $5,000. Guidry confirmed charges made to her credit card for golf equipment shortly before her disappearance.

Guidry recounted events from January 5, 2003, stating that Stephanie returned to the apartment around 11:45 a.m. after being with David. After lunch, he claimed they argued later that evening after he found her in the bathtub with a hair dryer. Following their argument, he alleged he left the apartment, waited outside for 20 to 30 minutes, and used Stephanie's spare car key to stay warm in her car. He attempted to contact her by phone without success and later drove her car back to the apartment at around 6:00 a.m. the following day, hearing her phone ring inside without a response.

Guidry cashed a $3,000 check at Community Bank and rented a U-Haul after using Stephanie’s car. He claimed to have repaired his Isuzu Rodeo and suggested that Stephanie might be with a friend, Ginger, noting she had over 30 boyfriends. Key actions, such as cashing the check and renting the U-Haul, were verified, but phone calls were not. Guidry consented to searches of his vehicle and a family camp, where police found two duffle bags, golf clubs, Stephanie’s laptop, and a U-Haul receipt. A witness confirmed seeing these items on Guidry’s camp porch on January 6, and he later retrieved them in a red jeep. In a January 9 interview, after waiving his Miranda rights, Guidry provided new details about his last day with Stephanie, stating they had sex on January 5 and drove around outside West Monroe before returning to the apartment. He used Stephanie’s credit card for gas and claimed she told him to leave afterward. Guidry's account included dropping off golf clubs at the camp, but inconsistencies arose, notably regarding a "hair dryer suicide attempt" he failed to mention. A gas purchase on January 5 was confirmed, and Guidry's description of Stephanie's pistol contradicted another witness's account. After being prompted multiple times, Guidry admitted to having Stephanie’s laptop. He mentioned locations where Stephanie might have gone to commit suicide but could not explain how she would have returned her car to the apartment. By this interview, Guidry had emerged as a prime suspect. In a third recorded interview on January 23, he suggested a potential "black-out" and speculated that another individual, David, might be involved in Stephanie's disappearance while ultimately deflecting blame onto Stephanie. Further investigation revealed internet activity from Stephanie's apartment on January 5, involving visits to golf and pornographic sites, as well as searches related to the bank, U-Haul, and automotive services.

Internet activity from Stephanie's apartment stopped at 4:34 a.m. on January 6th, following intermittent visits to centerfold and golf websites. The last known person to see her alive was Sarah Fitzpatrick, a convenience store clerk, on January 5th. On February 13, 2003, a large search team discovered Stephanie’s body in a hole at a Wildlife Management Area after previous searches failed. Autopsy results indicated she died from a single gunshot wound to the mid-chest, with evidence suggesting she was shot, left to die, and then dragged to the hole. DNA evidence from a sexual assault kit matched the defendant, Wayne Guidry, although there were no signs of trauma. The bullet found in her body was consistent with a small caliber weapon, possibly fired by a Lorcin .25 caliber pistol, which belonged to Stephanie but was never found. 

Guidry was indicted for second degree murder, and after a change of venue, he pleaded not guilty. During the trial, inmate Terry Coleman testified to a jailhouse confession from Guidry, despite being subject to credibility challenges during cross-examination. After a nine-day trial, Guidry was convicted of second degree murder and sentenced to life imprisonment without parole. He subsequently appealed, arguing the evidence, primarily based on Coleman’s testimony, was insufficient to support his conviction, as it was circumstantial and lacked exclusion of reasonable hypotheses of innocence.

When an appeal raises questions about both evidence sufficiency and trial errors, appellate courts should first assess the sufficiency of the evidence. This prioritization stems from the potential for an acquittal if a rational fact-finder, under the standards set by Hudson v. Louisiana and Jackson v. Virginia, could not find all elements of the offense proven beyond a reasonable doubt. The appellate review, as codified in La. C. Cr. P. art. 821, does not permit the court to substitute its evaluation of evidence for that of the trial fact-finder, nor does it involve assessing witness credibility or reweighing evidence.

In cases with direct and circumstantial evidence, the appellate court must resolve conflicts by favorably viewing evidence for the prosecution. The evidence must be sufficient for a rational fact-finder to determine guilt beyond a reasonable doubt. In the case of Guidry, the state presented sufficient evidence for his conviction for second degree murder. Evidence included Guidry's romantic involvement with the victim, Stephanie, who separated from her husband and was financially supporting Guidry. On the day of her disappearance, she was last seen with Guidry, who admitted to driving her before she went missing. Stephanie’s body was discovered near Guidry's family hunting area, and her car showed signs inconsistent with her last use.

Further, evidence indicated Guidry’s suspicious activities following her disappearance, including cashing a check belonging to her and fleeing to another location. His inconsistent statements during police interviews and the absence of the victim's firearm, which was linked to her murder, further supported the prosecution’s case while undermining Guidry's claims that she may have committed suicide.

Terry Coleman's testimony provided crucial corroborative evidence against Wayne Guidry, Jr., who was accused of murdering Stephanie Pepper Sims. Coleman's jailhouse confession detailed the crime, including the location of the shooting, the disposal of the victim's body, and the gun, with specifics that were not public knowledge, as confirmed by Sheriff Andrew Brown. Guidry's attempts to shift blame to David Sims and Stephanie were unsupported. The evidence against Guidry was deemed overwhelming, negating any reasonable doubt of innocence regarding the second-degree murder charge.

Guidry contested the admission of Coleman's testimony, citing Coleman's diagnosis of paranoid schizophrenia and auditory hallucinations. Under Louisiana law, a witness is generally deemed competent unless legislative provisions dictate otherwise, and competency determinations are primarily left to the trial judge. The trial court held a competency hearing where Coleman demonstrated an understanding of truth versus lies and perjury. Despite acknowledging concerns about Coleman's mental health, the court concluded he was competent to testify, emphasizing that issues of mental capacity pertain to credibility rather than competency. The ruling aligns with precedent indicating that mental defects affect credibility but not the ability to testify. The Louisiana Supreme Court has not mandated the exclusion of jailhouse witness testimony, supporting the trial court's decision regarding Coleman's competency.

Coleman demonstrated a proper understanding during questioning, with his testimony based on personal knowledge, despite lacking details on his actual diagnosis. However, he provided relevant information on his prior mental incompetency and experiences with auditory hallucinations. The trial court's determination regarding his competency was not manifestly erroneous. Guidry's claim of unfair trial due to Coleman’s testimony was unsupported by legal arguments; he merely reiterated issues of evidence sufficiency and witness competency. The court had already ruled that the evidence was sufficient without considering Coleman’s testimony, and it confirmed Coleman’s competency to testify, rendering Guidry's argument meritless.

Guidry also alleged ineffective assistance of counsel, arguing that his attorney failed to present evidence regarding Coleman’s incompetency and mental diagnosis. Typically, such claims are better addressed in post-conviction relief applications, as they allow for evidentiary hearings. However, the court determined that the record was adequate to evaluate Guidry's claim on direct appeal, promoting judicial economy. The Sixth Amendment guarantees a defendant's right to effective counsel, analyzed under the two-prong Strickland test: first, Guidry must show that his counsel's performance was deficient compared to professional standards, and second, he must demonstrate that the deficiency resulted in actual prejudice affecting the trial's reliability. To succeed, Guidry must prove that, had it not been for his counsel's errors, there was a reasonable probability that the trial outcome would have been different.

The jury received extensive information regarding Coleman's mental health through effective cross-examination by defense counsel, which was critical for assessing his credibility. During this questioning, Coleman expressed skepticism about believing a letter from someone deemed mentally unstable. Even if the defense counsel's omission of medical testimony and reports was deemed unprofessional, Guidry failed to demonstrate that this error would have likely altered the trial's outcome. Consequently, the court dismissed Guidry's claims as meritless and affirmed his conviction and sentence. Additionally, evidence from a surveillance tape indicated a date stamp of 11:40 p.m., but the footage showed individuals at the Citgo during daylight, with a still image timestamped at 11:44 a.m. It was clarified that the surveillance system had not been adjusted for daylight savings time, accounting for the hour discrepancy. To mitigate potential bias, trial references to pornographic websites were labeled as 'centerfold' websites.